Greatest risk of regulatory arbitrage is for non-cleared FX, says Esma's chair

Joel Clark
08 Feb 2012

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The risk that European and US regulators might adopt a different approach to foreign exchange derivatives when implementing mandatory clearing requirements is most acute when it comes to non-centrally cleared trades, according to one of Europe’s most senior regulatory officials.

“The real issue for FX derivatives that only a few have spotted is not the clearing obligation, but bilateral collateralisation. The problem of international inconsistency and regulatory arbitrage is much more serious

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